Oregon Administrative Rules|Section 735-150-0110 - Dealer Offenses Subject to Civil Penalty or Sanction

                                                
Current through Register Vol. 60, No. 12, December 1, 2021 
In addition to any other penalties provided by law, a dealer will be subject to the civil penalties or sanctions in OAR 735-150-0120 to 735-150-0140 if the dealer:
 
(1) Allows or assists a person who is not an employee of the dealer to imply or represent an affiliation with the vehicle dealership in order to engage in any activity pursuant to ORS 822.005.
 
(2) Fails to submit all taxes or fees due this state or another jurisdiction in connection with the sale or transfer of a vehicle.
 
(3) Signs a name or allows any other person to sign a name of the owner, security interest holder, or lessor on a certificate of title, salvage title or any motor vehicle document used by DMV in the transfer of title without first obtaining a properly signed Power of Attorney. This section does not apply to a dealer who as an owner, security interest holder or lessor signs their own name on a certificate of title, salvage title or any motor vehicle document used by DMV in the transfer of title.
 
(4) Purchases, sells, disposes of or has in the dealer's possession, any vehicle that the dealer knows or with reasonable diligence should have known has been stolen or appropriated without the consent of the owner.
 
(5) Fails to comply with state or federal laws, rules or regulations pertaining to the construction or safety of motor homes, trailers or campers.
 
(6) Buys, sells, receives, disposes of, conceals or has in the dealer's possession any vehicle or component from which an identification number has been removed, defaced, covered, altered or destroyed for the purpose of concealing or misrepresenting the identity of the vehicle.
 
(7) Violates any provision of state or federal law, rule or regulation concerning odometer tampering, repair, readings or notices.
 
(8) Prints or produces or causes to be printed or produced any certificate of title or certificate of registration without authority, or holds or uses any such certificate or assignment knowing that it has been printed or purchased without authority.
 
(9) Commits any offense specified in ORS 822.045.
 
(10) Acts as a vehicle dealer anytime between the day DMV receives notice of cancellation of bond or insurance and the day the vehicle dealer presents proof to DMV of another bond or certificate of insurance.
 
(11) Issues a temporary registration permit to a person not domiciled in Oregon or who is otherwise not subject to or eligible for Oregon registration.
 
(12) Fails to notify DMV on a form or in a format approved by DMV within seven (7) calendar days of receipt of a vehicle in inventory, that a vehicle has been transferred to the dealer.
 
(13) Fails to immediately remove registration plates from vehicles registered in other jurisdictions that are in the dealer's inventory. The dealer may retain the plates until the vehicle is sold.
 
(14) Fails to destroy registration plates removed from vehicles registered in other jurisdictions at the time of sale if the vehicle is to be titled in Oregon or in a jurisdiction other than that in which the vehicle was previously registered. If the vehicle will be re-registered in the former jurisdiction, the plates may be placed back on the vehicle following the sale.
 
(15) Completes or allows an employee to complete a DMV Vehicle Identification Number (VIN) Inspection form without physically inspecting the vehicle for its vehicle identification number.
 
(16) Sells a vehicle of a type not authorized by the dealer's certificate.
 
(17) Fails to comply with any provision of ORS 822.060 through 822.065 concerning consignment sales.
 
(18) Fails to comply with any provision of ORS 822.040(4) or OAR 735-150-0033 concerning the display of a vehicle at a location other than the dealer's place of business for the purpose of advertising.
 
(19) Provides brokerage services and fails: 
(a) To provide the written disclosure described in ORS 822.047(2);
 
(b) To provide the written statement described in ORS 822.047(3); or
 
(c) To comply with the requirements for broker fees described in ORS 822.047(4).
 
 
(20) Knowingly makes a false statement of material fact in: 
(a) An application for a dealer certificate, a dealer certificate renewal or attachments thereof;
 
(b) An application to Correct Dealer/Rebuilder Vehicle Dealer Certificate (DMV Form 735-371);
 
(c) Any investigation by DMV or law enforcement; or
 
(d) Any DMV document.
 
 
(21) Commits a felony by violating ORS 822.605.
 
(22) Fails to maintain records described in OAR 735-150-0050(5) or fails to make those records available to DMV, law enforcement personnel or investigators of the Oregon Department of Justice upon their request.
 
(23) Fails to comply with the requirements of the Oregon Vehicle Code with reference to notices or reports of the transfer of vehicles or campers.
 
(24) Allows or permits the unlawful use of any certificate or registration plate.
 
(25) Falsely certifies under ORS 822.033 that the dealer is exempt from filing a certificate of insurance as required by ORS 822.020 or 822.040.
 
(26) Fails to maintain the insurance coverage described in OAR 735-150-0031(1).
 
(27) Fails to pay a civil penalty assessed by DMV.
 
Or. Admin. R. 735-150-0110
MV 3-1980, f. 2-15-80, ef. 4-1-80; Suspended by MV 5-1980(Temp), f. & ef. 4-2-80; MV 4-1981, f. 4-1-81, ef. 4-10-81; MV 7-1982, f. & ef. 3-3-82; MV 7-1987, f. & ef. 7-13-87; MV 1-1988, f. & cert. ef. 1-5-88; Administrative Renumbering 3-1988, Renumbered from 735-071-0003; MV 39-1989, f. & cert. ef. 10-3-89; MV 19-1992, f. 12-23-92, cert. ef. 1-1-93; DMV 10-1998, f. & cert. ef. 8-20-98; DMV 18-2002, f. & cert. ef. 9-20-02; DMV 20-2004, f. & cert. ef. 8-20-04; DMV 11-2005, f. 4-25-05, cert. ef. 5-1-05; DMV 24-2005, f. 11-18-05, cert. ef. 1-1-06; DMV 31-2009, f. 12-22-09, cert. ef. 1-1-10; DMV 13-2015, f. 12-17-15, cert. ef. 1-1-16; DMV 14-2015, f. 12-17-15, cert. ef. 1-1-16; DMV 9-2017, f. & cert. ef. 5-25-17; DMV 12-2017, f. & cert. ef. 7-24-17; DMV 40-2018, amend filed 10/22/2018, effective 10/22/2018
Statutory/Other Authority: ORS 184.619, 802.010, 802.370, 803.600, 803.625, 821.060, 821.080 & 822.035
 
Statutes/Other Implemented: ORS 822.005 - 822.080
This section was updated on 11/24/2018 by overlay.